Non-Compliance With Change Order Requirements Dooms Differing Site Conditions Claim

The case involved a sewer replacement project that required excavation and removal of a large amount of rock. The geotechnical report provided by the owner did not warn of any unusual conditions with underlying bedrock at the site that would affect construction. The contract required the contractor to provide notice to the owner of a differing site condition within 10 days of identifying the condition necessitating a change in the work with a formal written claim to follow within 30 days. The contract required the formal written claim to provide